Workers' Compensation Attorney, Mark R. Schmidt, settled the
claim of a 27 year old factory worker, who suffered injuries to his lower back
in the course of his job in May, 2010. After first winning a Claim
Petition to obtain lost wages and payment of medical bills, Attorney Schmidt
then fought the Insurance Company a second time when they tried to modify the
injured worker's benefits. The insurance company argued he was capable of
light duty work based on a document called a Labor Market Survey. During the
course of that second round of litigation, a settlement was reached, paying the
injured worker 4.5 years of future workers compensation benefits - in addition
to those benefits already paid over the past 3 years. Of note, the
injured worker is Hispanic, and speaks no English. The law offices of
Schmidt, Kirifides and Fridkin have several staff fluent in Spanish, to enable
effective communication concerning such cases at all times.
The General Assembly of Pennsylvania has proposed
SIGNIFICANT CHANGES to the Pennsylvania Workers' Compensation Act. The
House of Representatives will soon vote on House Bill 1636. In summary,
employers will be permitted to designate a "coordinated care
organization" which would be the ONLY medical personnel authorized to
provide treatment to an injured worker "for the
duration of the injury". In other words, an injured worker will not
have the right to choose their own doctor at any point during the life
of their claim/injury. Even where surgery may be required, the injured
workers rights are drastically limited. Text of relevant portion below:
"Provided, however, That an employer may also establish a
list of one or more designated coordinated care organizations for
treatment of employees, and if such list is established, the employe
shall only treat with a provider or providers who are participants in
one of those organizations for the duration of the injury;" For full text, click HERE.
This is not just a "bad law," it will undoubtedly lead to "bad
medicine," as these doctors will be beholden to insurance companies in
order to maintain their status on the coordinated care organization
list, at the extreme risk to patients' health, and removes all freedom
of choice in regard to ones own medical care. This will become the LAW
OF PENNSYLVANIA unless you make your voice known!
CALL YOUR REPRESENTATIVE TODAY tell them to vote "NO" on HB 1636. If you are unsure who your Representative is, click HERE to find out or contact Schmidt, Kirifides & Fridkin.
